You might recall SCOTUS’s 2017 smack down of a Kentucky common law rule regulating the formation of an arbitration agreement in Kindred Nursing Centers Ltd. P’ship v. Clark, 137 S. Ct. 1421, 1424 (2017). Liz wrote about the case here and here. Basically, in the case, the Kentucky Supreme Court said some unkind…

Nursing home arbitration agreements are among the most unpopular arbitration agreements around. Last week, Kentucky’s Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never validly formed because the signing parties did not have authority to give up the decedent’s constitutional right to a jury trial. Extendicare Homes, Inc. v. Whisman…

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About this blog

ArbitrationNation was started by Liz Kramer in 2011. It has been repeatedly recognized as one of the best legal blogs in the nation.